Right to co-parenting

2023/01/16 Type of resource European judgements National judgements Topics Parenting Titles Topical issues Activities Legal review
copertina della Questione di attualità sul diritto del minorenne alla bigenitorialità

A minors' right to co-parenting

Obstructing a child's relationship with their other parent may be grounds for withdrawal of parental responsibility

When delving into an examination of the rights of children, some of the legal institutions/principles encountered, given their particular characteristics, are better understood, including by people who are not very familiar with juvenile law, if they are examined by analysing individual examples of case-law that – by their very nature – constitute the outcome of the transposition of a "theoretical law" into a "practical law" in other words, becoming a law that enters and is experienced in people's everyday lives.

This is particularly true in the case of the right to co-parenting and, as a result, in the likelihood that this right may be restricted by a decree of forfeiture of parental responsibility by one of the parents (or both if the conditions are met). This legislative provision (contained in article 330 of the Italian Civil Code) is part of a context of significant cultural changes that have had a strong impact on the way parental authority/responsibility has gradually been shaped in living law.


An in-depth study of the case law on a minor's right to co-parenting is attached.